Commonwealth Consolidated Acts

IMMIGRATION (EDUCATION) CHARGE ACT 1992 - SECT 5

English Education Charge is imposed in respect of an application by a non-citizen if:

(a)

the application is for a stay visa and is made on or after 1 January 1993 and before the commencement of the Migration (Visa Application) Charge Act 1997 ; and

(aa)

any visa application fee payable in relation to the application has been paid before the commencement of the Migration (Visa Application) Charge Act 1997 ; and

(b)

the Minister has given the applicant a notice including:

(i)

a statement of the kind mentioned in paragraph 24(3)(ab) of the Migration Act 1958 as in force immediately before 1 September 1994 or a notice under paragraph 24(6)(aa) or 34(3)(aa) of that Act as in force at that time; or

(ii)

a notice including a statement of the kind mentioned in subsection 26ZEA(3) of the Migration Act 1958 ; and

(c)

the applicant is not exempt from the charge in respect of the application because of section 7.